Researcher: ND Page 1 3/29/21
OLR Bill Analysis
sHB 6398
AN ACT CONCERNING VARIOUS REVISIONS TO STATUTES
CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND
ADDICTION SERVICES.
SUMMARY
This bill principally makes three unrelated changes to statutes
concerning the Department of Mental Health and Addiction Services
(DMHAS).
Current law prohibits Whiting Forensic Hospital patients in the
hospital’s maximum-security service from being present during a
search of their personal belongings. The bill limits this prohibition to
only when police officers conduct the search and have probable cause
that contraband or hazardous items are hidden in the patient’s living
area.
The bill also allows DMHAS to establish and use a single electronic
health record (EHR) system for authorized personnel to access patient
health records from any of DMHAS’s divisions and facilities for
purposes of diagnosing and treating patients and improving
operations. Under the bill, all DMHAS divisions and facilities must
provide their patient records to the EHR system. Any disclosure of the
system’s patient information made outside of DMHAS must be done
in accordance with state and federal law.
Additionally, the bill increases, from nine to 11, the membership of
the Whiting Forensic Hospital advisory board. It does this by adding
two members with psychiatric disabilities, at least one of whom must
have received inpatient psychiatric hospital services. The advisory
board develops policies and sets standards related to the hospital’s
patients.
Lastly, the bill makes several technical changes. 2021HB-06398-R000154-BA.DOCX
Researcher: ND Page 2 3/29/21
EFFECTIVE DATE: October 1, 2021, except the provision
establishing a single EHR system takes effect upon passage.
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea 33 Nay 0 (03/12/2021)